Tri-Rivers Local Environmental Grant Cooperative Agreement TRI-RIVERS LOCAL ENVIRONMENTAL GRANT
(LEPG) COOPERATIVE AGREEMENT
This agreement is made by and between Lincoln County, Kansas, Saline County,
Kansas, and the City of Salina, Kansas.
WHEREAS, The State of Kansas makes grant funds available to local health
departments or other local entities for the purpose of developing and implementing
environmental protection plans and programs (K.S.A. 75-5657); and
WHEREAS, Lincoln County and Saline County are both local entities as
contemplated by the statute; and
WHEREAS, the Salina—Saline County Health Department is a joint board of
health created by the governing boards of the City of Salina and Saline County as
authorized under K.S.A. 65-205; and
WHEREAS, the Salina-Saline County Health Department is a local entity as
defined by the statute's administrative regulation found at K.A.R. 28-66-1(e) with the
authority to apply for local environmental protection plan (LEPP) grant funds; and
WHEREAS, for twenty (20) years the Salina-Saline County Health Department
(SSCHD) has been coordinating the application for LEPP grant funds and the provision
of LEPP services to a consortium of Kansas counties composed originally of Saline
County, Ellsworth County, Ottawa County (all since 1991), and Lincoln County (since
1995); and
WHEREAS, prior to 2008 this consortium was known as "the Salina-Saline
County LEPP program" and since then as "the Tri Rivers LEPG"; and
WHEREAS, prior to fiscal year 2010 the grant funds procured by the Salina-
Saline County LEPP program/Tri Rivers LEPG have funded the costs incurred in grant
application and service provision costs at an acceptable level; and
WHEREAS, because of severe state wide budget reductions, the LEPP grants
have been severely reduced and the funds received by Tri Rivers LEPG are no longer f
adequate to cover the costs of services provided by SSCHD to the other counties in the
consortium; and
WHEREAS, Lincoln County is desirous that SSCHD should continue to provide
LEPP services to it; and
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WHEREAS, SSCHD is willing to continue to provide LEPP services to Lincoln
County if the costs of such service are adequately covered; and
WHEREAS, cities and counties are authorized by K.S.A. 12-2908 to contract
with each other "to perform any governmental service, activity or undertaking which
each contracting municipality is authorized by law to perform."
NOW, THEREFORE, the parties hereto agree as follows:
1. The purpose of the Tri-Rivers LEPG and its participating counties is to
implement an acceptable environmental plan that will contain elements deemed locally
necessary to protect water quality and address the objectives of the Kansas State Water
Plan.
2. The Lincoln County Commission agrees to:
a. Recognize the Salina-Saline County Health Department as the
authorized representative of Lincoln County for the implementation of the
county's sanitary codes.
b. Provide appropriate authority to.the Salina-Saline County Health
Department to enforce the Lincoln County sanitary code requirements.
C. No later than the 31" day of January 2012 make payment to
SSCHD in the amount of$5,000 for services to be rendered from Jan 1, 2012 to
Dec. 31, 2012.
d. In subsequent years Lincoln County shall pay SSCHD no later than
the 31 st day of December an amount to be agreed upon by the parties no later than
the 1s` day of October prior to the subsequent state fiscal year(SFY).
3. The City of Salina and Saline County, through the Salina-Saline County
Health Department, agree to:
a. Meet the general terms and conditions of the current State Fiscal
Year LEPP Grant Agreement.
b. Serve as the Lincoln County authorized representative to
implement all requirements of the sanitary code; including permitting,
inspections, serve notices of code violations, complaint response and public
education as necessary to promote compliance with environmental regulations.
C. Provide other environmental services as may be agreed upon by
the parties. Services include private water supply screening, private water well
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and wastewater system evaluation, consultation regarding water quality or well
quality protection.
d. Oversee all administrative requirements, including grant
application, program objectives, work plans, monthly reports, quarterly reports,
budget affidavits and other necessary reporting required by the state and/or local
agencies in connection with the grant funding.
e. Use state grant funding and/or local matching funding only for the
following purposes:
* Staff salaries;
* To develop, coordinate, implement and enforce program
objectives;
* Equipment necessary to perform inspections and water
quality screening;
* Administrative costs associated with inspection,
enforcement and corrective activities;
* Necessary transportation costs;
* Expenses associated with continuing education and training
of staff;
* Other miscellaneous expenses, PROVIDED, such expenses
are approved by the State and/or local agency.
4. The parties agree that this agreement shall continue from year to year until
tenninated by either party in accordance with the terms of this agreement.
5. Either party shall notify the other in writing at least 90 days prior to the
end of any SFY grant cycle (end of June) if the party wishes to terminate its participation
in the program at the close of the SFY year. Failure to announce the termination prior to
the specified time shall be construed a commitment on behalf of that party for the ensuing
SFY.
6. Either party may terminate this agreement for cause upon thirty (30) days
written notice to the other party.
7. This agreement may be terminated at any time upon the written agreement
of the parties.
Executed by each party on the dates indicated below:
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Chairma [Date]
Board of County Commissioners -
Saline County, Kansas
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D nald R. Merriman, Saline County Clerk CLERK
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Mayor [Date.] ,
City of Salina, Kansas
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Lieu Ann Elsey, City Clerk
Chairman [Date]
Board of County Commissioners
Lincoln County, Kansas
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